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Full text of "[untitled] The American Law Register (1898-1907), (1899-03-01), pages 194-195"

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Sawyer (U. S.), 284, 35 Fed. 43 (1888); St. Louis, Etc., R. R. 
Co. V. Sweet, 63 Ark. 563 (1897). 

Curiously enough, the courts of the various states almost invari- 
ably deny the right of compensation for wounded feelings, mental 
pain and anguish, and loss of society, in accordance with the 
English decisions: Penna. Co. v. Lily, 73 Ind. 252 (1881) ; 
Penna. R. Co. v. Butler, 57 Pa. 335 (1868) ; Dorman v. Broad- 
way R. Co., I N. Y. Suppl. 334 (1888); Parsons v. Missouri, 
Pac. R. Co., 94 Mo. 286 (1887); Am. and Eng. Ency. of Law 
(2d Ed.) Vol. 8, p. 926. The question, at bottom, is one of 
statutory interpretation. The English courts give Lord Campbell's 
Act a strict construction, it being abrogative of the common law. 
In America the statutes are either more liberal in their terms or 
have been more liberally construed on the ground that the wrong- 
doer is responsible for the natural and immediate consequences of 
his act. 


The Life of David Dudley Field. By Henry M. Field. New 
York: Charles Scribner's Sons. 1898. 

The author of this work is not a lawyer, and has not meant to 
write a biography illustrative of the successful man of law, or par- 
ticularly helpful to the legal profession. Being one of the late 
D. D. Field's brothers, he possesses an intimate knowledge of the 
personality of the noble character which he fondly delineates, but 
he has not drawn for us the highly desirable but rare picture of the 
great lawyer in his office, or busied otherwise about his active 
duties. There have been many lawyers, the daily record of whose 
lives would almost equal in interest that of Dr. Johnson's life, and 
it is to be regretted that among their fellow lawyers closely asso- 
ciated with them some Boswells have not been found. This regret 
is thrust upon us in every chapter of the biography. We have 
reminiscences of the Duke of Wellington, of Daniel O'Connell and 
of dozens of men foremost in every walk of life, down to Lord 
Russell, the present Chief Justice of England, we have glimpses of 
Australia and Hong Kong, we have historical and family sketches, 
but we look in vain for a practical insight into the long hours which 
Field devoted to his myriad clients or to his life-work, the Codes. 

Perhaps this will not cause so much disappointment as if Field 
had been like the leaders of the bar to-day. He was not one after 
whom the rising advocate of the modern school chooses to pattern. 
Can a single man, approaching him in ability, be found now who 
would be willing to sacrifice a large share of his time during eigh- 
teen years for the reform and codification of law, and to push his 
task to completion in spite of criticism and hindrance from bench 
and bar, and at an expense of many thousands of dollars ? This is 


what Field accomplished, and his early discouragements and failures 
only accentuated his final triumph. When he died, laws, as codi- 
fied by him, were administered to over forty millions of his fellow- 
countrymen, and some of them had travelled as far as India and 
other distant possessions of England. In fact, until near the time 
of his death, he was more renowned in England than at home, 
owing to the bitter controversies which his so-called innovations 

These controversies showed him to the world as a hard struggler, 
and, taken with his determined refusal to support any political party 
or any measure a moment longer than he thought right, laid him 
open to the charge of being harsh and unfeeling. His brother's 
book will serve to vindicate him. Undoubtedly the keynote of his 
character was his unflinching justice, but he understood what mercy 
and charity are, too. This is plain from an act of secret beneficence 
done to one of Chief Justice Taney's daughters, left penniless when 
Taney died. Although Field had never seen the daughter at all, 
and had never seen the father off the bench, he gave his bond to 
pay ;?5oo a year for her support, and remitted that amount to her 
from 1873 till her death in 1891. 

Field's love of justice stands out sharp. He voted for Hayes in 
1876, but afterwards went to Congress especially to have Tilden 
declared President. He fought against slavery, and, his biographer 
claims, brought about Lincoln's first nomination for President, yet 
after the war he strongly urged full recognition of the Southern 
States, and abolition of martial law, military rule and the Test 
oaths. His natural inclinations and his work as codifier gave him 
an unbiased, judicial frame of inind. As, on the one side, he 
argued against an overstrained interpretation of States' Rights, so, 
on the other side, he argued against the attempts to nullify them 

This desire to promote justice amongst men and his interest in 
codification throughout the world led him to formulate a code of 
international law, and to take a prominent part in international 
peace congresses and movements for universal disarmament and 
arbitration. He believed that law and order underlie the whole 
universe, and that " Justice is the greatest interest of man upon 
earth ; ' ' and his long and interesting life may be summed up in 
the words of the late Lord Cairns, Chancellor of England, who said 
that, ' ' He had done more for the reform of the law than any other 
man Kving." 


A Treatise on the Law of Monopolies and Industrial Trusts, 
as administered in England and in the United State of America. 
By Charles Fisk Beach. St. Louis : Central Law Journal 
Company. 1898. 

In these days of giant corporations or combinations to develop